SUSHEEL KUMAR MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned AGA. In this petition under Section 482 Criminal Procedure Code (for short 'Cr. P.C') the charge -sheet No. 15 of 2011 related to Case No. 674 of 2011 (State Vs. Susheel Kumar), Case Crime No. 2670 of 2010, under Sections 30 Arms Act (for short the 'Act'), P.S. Kotwali Nagar, District Barabanki filed against the petitioner and cognizance taken thereon and proceedings pending in consequence thereof in the court of Chief Judicial Magistrate, Barabanki were sought to be quashed.

(2.) THE fact relevant for deciding this petition are that according to the prosecution case during search by the police at the residence of one Shoeb Quidwai @ Bobby arms and ammunition (guns and cartridges) belonging to present petitioner and one Asrar Ahmad found in the possession and premises of Shoeb Quidwai @ Bobby. The investigation was carried out and charge sheet against the present petitioner was filed under Section 30 of the Act and separate charge sheet against one Asrar Ahmad Khan was also filed under Section 30 of the Act. Another charge sheet against Shoeb Quidwai @ Bobby was also filed under Section 25/ 27 of the Act.

(3.) THE learned AGA has submitted that prosecution cannot be quashed on the ground pleaded by the petitioner because prosecution case is otherwise. According to the prosecution case Shoeb Quidwai @ Bobby was possessing the arms and ammunition belonging to the petitioner without any valid licence. He did not show arms licence belonging to the petitioner to the raiding party nor petitioner shown that he had given authority to keep the arms and ammunition belonging to him in terms of licence to Shoeb Quidwai @ Bobby. Hence, prosecution cannot be quashed.